Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

 

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

 

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Jeanine b. nadel

County Counsel

 

 

 

 

county administration center

501 Low Gap Road, Room 1010

Ukiah, CA  95482

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

 

 

Mendocino County Board of Supervisors

 

Agenda

 

Regular Meeting

January 10, 2012 – 9:00 AM

Board Chambers, Room 1070, County Administration Center

 

 

Following the posting of the Agenda, all agenda item supporting documentation, including any material submitted to the Clerk after distribution of the Agenda packet, is available for public review through the Executive Office, 501 Low Gap Road, Room 1010, Ukiah, CA 95482 during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. 

 

Persons wishing to file documentation on any agenda item for the official record must submit ten (10) copies of each document to the Executive Office.

 

Members of the public are advised that all cell phones or electronic devices are to be turned off upon entering the Board Chambers.

 

 

 

 

TIMED ITEMS

      Timed Items                                                                                                       

        Please note that all times provided are considered approximate.

9:00 a.m.:      Convene as Board of Equalization - Immediately Following Election of Board Chair and Vice-Chair (See Separate Agenda)

9:30 a.m.:      Reconvene as Board of Supervisors

10:00 a.m.:    Receive and Discuss Response from the Sheriff Regarding Implementation of Recommendations Contained in the Audit Report of the Mendocino County Sheriff's Office; Consider Disbanding the Sheriff's Office Ad Hoc Committee, and Schedule the Sheriff for Continuing Progress Reports (See Item No. 5d)

OPEN SESSION

1.     Open Session                                                                                                                                                                      

(a)         Roll Call

(b)        Pledge of Allegiance

MODIFICATIONS TO AGENDA

PUBLIC EXPRESSION

2.    pROCLAMATIONS                                                                                                                                                              

Items in this section are automatically adopted unless specifically pulled by a Supervisor.  Proclamations may be presented or commented on as needed.

(a)         Adoption of a Proclamation of the Mendocino County Board of Supervisors Recognizing "National Mentoring Month" January, 2012 in Mendocino County (Sponsors: Supervisors Brown and McCowen)

(b)        Adoption of a Proclamation of the Mendocino County Board of Supervisors Recognizing the Twenty-Fifth Anniversary of the National Holiday Celebrating "Martin Luther King, Jr. Day" (Sponsor: Supervisor McCowen)

3.    Public Expression                                                                                                                                                       

Members of the public are welcome to address the Board on items not listed on the agenda, but within the jurisdiction of the Board of Supervisors. The Board is prohibited by law from taking action on matters not on the agenda, but may ask questions to clarify the speaker's comment. The Board limits testimony on matters not on the agenda to 3 minutes per person and not more than 10 minutes for a particular subject at the discretion of the Chair of the Board.

Individuals wishing to address the Board under Public Expression are welcome to do so throughout the meeting. To best facilitate these items, please review and complete the public comment/speaker form available at the back of the Boardroom and present to the Clerk. If you wish to submit written comments, please provide 10 copies to the Executive Office staff, located in the County Administration Center, Room 1010. All meetings are tape-recorded, so speakers are reminded to announce their names as they approach the podium.

APPROVAL OF MINUTES

CONSENT CALENDAR

4.   Consent Calendar                                                                                                                                                     

The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion.  Any Board member may request that any item be removed from the Consent Calendar for individual consideration.

See section at the end of this document for the full listing of Consent items

COUNTY EXECUTIVE OFFICE

DEPARTMENTAL MATTERS AND REPORTS

5.    cOUNTY eXECUTIVE OFFICE AND DEPARTMENTAL MATTERS                                                       

EXECUTIVE OFFICE

(a)         Chief Executive Officer's Report

Recommended Action/Motion: That the Board of Supervisors accepts the report of the Chief Executive Officer.

(b)        Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform

Recommended Action/Motion: That the Board of Supervisors provides direction to staff regarding matters of legislation.

(c)         Information Related to a Recent Supreme Court Decision Dissolving All Redevelopment Agencies in the State of California, and Adoption of Resolution Electing the County of Mendocino to Serve as the Successor Agency and Successor Housing Agency to the County's Dissolving Redevelopment Agency

Recommended Action/Motion: Adopt the Resolution electing the County of Mendocino to serve as the Successor Agency and the Successor Housing Agency to the Redevelopment Agency of the County of Mendocino.

SHERIFF

(d)        Receive and Discuss Response from the Sheriff Regarding Implementation of Recommendations Contained in the Audit Report of the Mendocino County Sheriff's Office; Consider Disbanding the Sheriff's Office Ad Hoc Committee, and Schedule the Sheriff for Continuing Progress Reports

Recommended Action/Motion: That the Board of Supervisors receives the Sheriff's response; disbands the Ad Hoc Committee; and directs Staff to work with the Sheriff to schedule continuing progress reports.

TRANSPORTATION

(e)        Director's Report - Department of Transportation

Recommended Action/Motion: That the Board of Supervisors accepts the report of the Transportation Director.

(f)          Discussion and Possible Action Regarding Approval of Payment of One Invoice from the City of Fort Bragg for Leachate Disposal Fees for the Caspar Landfill, for the Period January 1, 2011, through June 30, 2011 (Fiscal Year 2010/11) (Caspar Area) - Continued from December 13, 2011

Recommended Action/Motion: (1) Approve payment of one invoice for leachate disposal fees to the City of Fort Bragg on behalf of Caspar Landfill and (2) authorize/direct the Director of Transportation to submit the invoice for leachate disposal fees to the Auditor/Controller for payment.

TREASURER-TAX COLLECTOR

(g)        Introduction and Waive the Reading of an Ordinance Delegating Authority to Invest Funds to the Treasurer-Tax Collector for Calendar Year 2012

Recommended Action/Motion: Introduction and Waive the Reading of an Ordinance Delegating Authority to Invest Funds to the Treasurer-Tax Collector for Calendar Year 2012.

BOARD OF SUPERVISORS

6.    Board of Supervisors AND MISCELLANEOUS                                                                                            

(a)         Supervisors' Reports

(b)        Election of Board Chair and Vice-Chair of the Mendocino County Board of Supervisors for Calendar Year 2012

Recommended Action/Motion: That the Board of Supervisors nominates and elects Supervisor __________ as Chair and Supervisor __________ as Vice-Chair of the Mendocino County Board of Supervisors for the 2012 calendar year.

(c)         Discussion and Possible Action Including Adoption of the 2012 Board of Supervisors Master Meeting Schedule and Board of Equalization Calendar

Recommended Action/Motion: That the Board of Supervisors adopts the new 2012 Board Master Meeting Schedule and Board of Equalization Calendar, and directs the Clerk of the Board to notify County departments of same.

(d)        Discussion and Possible Approval of Board Special Assignments/Appointments as Recommended by the Chair of the Board

Recommended Action/Motion: That the Board of Supervisors adopts the proposed 2012 Special Assignments as presented.

(e)        Discussion and Possible Adoption of Resolution Regarding Board Standing Committees for 2012

Recommended Action/Motion: That the Board of Supervisors discusses and provides direction to staff regarding Board Standing Committees for calendar year 2012, including possible adoption of associated Resolution.

MISCELLANEOUS

BOARD OF DIRECTORS MATTERS

7.    Board of directors matters                                                                                                                            

The Mendocino County Board of Supervisors meets concurrently as the Board of Directors of the: In-Home Supportive Services Public Authority Governing Board; Mendocino County Air Quality Management District; Mendocino County Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Redevelopment Agency of the County of Mendocino.          

APPOINTMENTS TO BOARDS AND COMMISSIONS

8.   Modifications to Agenda                                                                                                                                    

Items added to the agenda subsequent to agenda publication, up to 72 hours in advance of the meeting, pursuant to Government Code section 54954.

CLOSED SESSION

9.    Closed Session                                                                                                                                                                

Notice to the public regarding closed session:  As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, County employees, and its attorneys.  These sessions are not open to the public and may not be attended by members of the public.  The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda.  Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1.

(a)         Pursuant to Government Code Section 54957.6 - Sitting as the IHSS Public Authority Governing Board - Conference with Labor Negotiator - Agency Negotiators:  Carmel J. Angelo, Pat Meek, Stacey Cryer, MaryLou Leonard; Employee Organization(s):  IHSS Providers

(b)        Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Pat Meek, and Rick Haeg; Employee Organization(s):  All

(c)         Pursuant to Government Code Section 54956.9c - Conference with Legal Counsel - Initiation of Litigation:  Two Cases

(d)        Pursuant to Government Code Section 54956.9b - Conference with Legal Counsel - Significant Exposure to Litigation:  Two Cases

(e)        Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiator - Property:  APN 048-230-10-00; Physical Address:  850 Harrison Avenue, Hopland, CA; Parties:  County of Mendocino; Agency Negotiators:  Kristin McMenomey, and Carmel J. Angelo; Under Negotiation:  Terms of Land Exchange/Acquisition

WORKSHOP/BUDGET/PLANNING MATTERS

COMMUNICATIONS RECEIVED AND FILED

10.  Communications Received and Filed                                                                                                       

Communications received and filed are retained by the Clerk throughout the Board proceedings. To review items described in this section, please contact the Executive Office staff in Room 1010.

(a)         State of California Fish and Game Commission - Notice of proposed emergency regulatory action relating to incidental take of Black-backed Woodpecker; after submission of the proposed emergency to the Office of Administrative Law (OAL), the OAL shall allow interested persons five calendar days to submit comments; in order to be considered, comments must be submitted in writing to the OAL, 300 Capitol Mall, Room 1250, Sacramento, CA 95814, AND to the Fish and Game Commission, 1416 Ninth Street, Room 1320, Sacramento, CA 95814, or via fax to (916) 653-5040, or via e-mail to fgc@fgc.ca.gov; comments must identify the emergency topic and may address the finding of emergency; comments must be received within five calendar days of filing the emergency regulations; please refer to OAL's website (www.oal.ca.gov) to determine the date on which the regulations are filed with OAL.

(b)         California Department of Corrections and Rehabilitation, Corrections Standards Authority (CSA) - Notice of Proposed Action for the adoption of emergency regulations for the 2007 Local Jail Construction Funding Program; the Notice of Proposed Action, the text of proposed regulations, and the Initial Statement of Reasons are available on the CSA's website at www.cdcr.ca.gov/Divisions_Boards/CSA/index.html; public comment period closes January 23, 2012, at 5:00 p.m.; and person may submit public comments in writing to CSA, County Facilities Construction Division, 600 Bercut Drive, Sacramento, CA 95811, or by fax to (916) 322-8756, or by e-mail to adultfacilityconstruction@cdcr.ca.gov before the close of the comment period; a public hearing will be held the discuss the matter on February 8, 2012, 11:00 a.m., at 660 Bercut Drive, Sacramento, CA 95811.

(c)         John Chiang, California State Controller, Division of Accounting and Reporting - Notice of appropriation of $9.2 million from the Indian Gaming Special Distribution Fund (IGSDF) for the purpose of providing grants to local government agencies; Indian Gaming Local Community Benefit Committees (IGLCBC's) shall submit to the State Controller's Office (SCO) Authorization Forms to Release Funds from the Tribal Casino Accounts based on applications for grants from local jurisdictions impacted by tribal gaming; grant forms must be submitted by the IGLCBC to the SCO no later that May 31, 2012.

(d)         Superior Court of California, County of Mendocino - Notice of availability of Family Dependency Drug Court (FDDC) Program grant funds in the amount of $500,000 to $1,000,000 per year for five years, to be applied as both an expansion and enhancement grant; the deadline for applications is May 17, 2012, and the anticipated award date is September 28, 2012 - Attachment: Mendocino County FDDC Initial Findings and Cost Impact Analysis.

CONSENT CALENDAR ITEM DETAIL

4.   Consent Calendar – Continued                                                                                                                   

The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion.  Any Board member may request that any item be removed from the Consent Calendar for individual consideration.

Items Recommended for Denial:

CLAIMS AGAINST THE COUNTY

(a)         Claim of Pacific Bell Telephone Company

Items Recommended for Approval:

MINUTES

(b)        December 6, 2011, Board Meeting

(c)         December 12, 2011, Special Session

(d)        December 13, 2011, Board Meeting

APPOINTMENTS

(e)        Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: That the Board of Supervisors approves the following appointments/reappointments:

Board or Commission

Appointee

Category

Archaeological Commission

John Ramaley

Industry Representative

Community Development Commission

Dawn Deetz

District 2 Representative

Health and Human Services Advisory Committee

Carole Press

Community Representative

Library Advisory Board

Jonathan Middlebrook

District 1 Representative

Mental Health Board

Denise Gorny

District 1 – Public Interest Representative

North Coast Integrated Regional Water Management Plan (NCIRWMP) Technical Peer Review Committee (TPRC)

Sean White

Committee Member

Policy Council on Children & Youth

Peter Kostas

Superintendent of the County Office of Education – Seat #9

Policy Council on Children & Youth

* Linda Crockett

Juvenile Justice and Delinquency Prevention Commission Representative - Seat #20

Retirement Board

Lloyd Weer

Seat #3 – General Member (unopposed)

* Approval of appointment includes waiver of Board policy regarding the registered voter requirement.

EXECUTIVE OFFICE

(f)          Adoption of Resolution Designating the Chief Executive Officer (CEO) as Official Responsible for Facilitation and Submission of the 2012-2013 Recommended Budget; and Review and Approval of the 2012-2013 Budget Calendar

Recommended Action/Motion: It is recommended that the Board of Supervisors adopts the Resolution designating the Chief Executive Officer as the official responsible for recommending and facilitating the development and submission of the 2012-2013 Recommended Budget, as submitted; and further approve the Budget Calendar for FY 2012-2013.

(g)        Ratification of a Joint Letter by the Board of Supervisors and the Mendocino County Fire Chiefs' Association Requesting a Board of Forestry Public Hearing in Mendocino County (State Responsibility Area Fees)

Recommended Action/Motion: That the Board ratify the letter as executed by the Chair.

GENERAL SERVICES AGENCY

(h)        Acceptance of the Risk Management Insurance Program Annual Report for Fiscal Year 2010/2011

Recommended Action/Motion: Accept the Risk Management Insurance Program Annual Report covering the fiscal year 2010/2011.

(i)          Approval of the List of Personnel Authorized to Use County Vehicles for Work-to-Home/Home-to-Work Travel, Pursuant to Mendocino County Code Chapter 3.12, "The County Vehicle Policy"

Recommended Action/Motion: Approve the list of personnel authorized to use County vehicles for work-to-home/home-to-work travel, as recommended by the General Services Agency Director.

HEALTH AND HUMAN SERVICES AGENCY

(j)          Approval of Addition to Fixed Asset Schedule for 2011/2012 Final Budget; and Approval of Purchase of a 2011 7' x 16' Haulmark Basic Tandem Axel Trailer for Sheltering Supplies to be Stationed on the South Coast for Disaster Preparedness Response

Recommended Action/Motion: Approve and authorize Board Chair to make an addition to the fixed asset schedule for the 2011/2012 final budget; and authorize and approve purchase of a 2011 7' x 16' Haulmark Basic Tandem Axel Trailer for sheltering supplies to be stationed on the south coast for disaster preparedness response

(k)        Approval of Agreement with Ford Street Project, Inc. in the Amount of $185,736 to Provide Transition Housing for Mendocino County Dependency Drug Court Grant Clients as Outlined and Provided for in the Grant in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with Ford Street Project, Inc. in the amount of $185,736 to provide transition housing for Mendocino County Dependency Drug Court Grant clients as outlined and provided for in the Grant in Fiscal Year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(l)          Approval of Agreement with Mendocino Coast Clinics, Inc. in the Amount of $86,556 to Provide Mental Health Treatment and Intensive Case Management in Fiscal Year 2011-12

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Mendocino Coast Clinics, Inc. in the amount of $86,556 to provide mental health treatment and intensive case management to homeless clients in Fort Bragg in fiscal year 2011-12; and authorize the HHSA Director to sign any future amendments to the agreement that do no affect the annual maximum amount.

(m)      Approval of Agreement with St. Vincent's School for Boys (San Francisco, CA) in the Amount of $100,000 to provide Mental Health Treatment to Children of Mendocino County in Fiscal Years 2010/2011 and 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with St. Vincent's School for Boys in the amount of $100,000 to provide mental health treatment to children of Mendocino County in fiscal years 2010/2011 and 2011/2012; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(n)        Approve Amendment to BOS No. 10-199 Agreement with Willits Community Services, Inc., Increasing the Amount by $2,500 and Extending Term of Case Management to Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Participants in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS No. 10-199 agreement with Willits Community Services, Inc., increasing the amount by $2,500 and extending term of case management to Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Participants in fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(o)        Approval of Amendment to BOS No. 11-120 Agreement with Family Resource Center (FRC) Network of Mendocino County Increasing the Amount of the Agreement by $3,434 to Provide Programs for Child Abuse Prevention and Intervention in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS No. 11-120 agreement with Family Resource Center Network of Mendocino County increasing the amount of the agreement by $3,434 to provide programs for child abuse prevention and intervention in fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(p)        Approval of Revenue Agreement with California State Department of Health Services for Immunization Services in the Amount of $82,876 for Fiscal Years 2011/2012 and 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign revenue agreement with California State Department of Health Services for immunization services in the amount of $82,876 for fiscal years 2011/2012 and 2012/2013; sign the Certification Form CCC-307; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(q)        Approval of Revisions to the General Assistance Manual

Recommended Action/Motion: Approve and adopt revisions to the General Assistance Manual with changes effective January 10, 2012.

HUMAN RESOURCES

(r)         Approval of Amendment to Board of Supervisors Agreement No. 10-011, with Nickolaus and Haeg, LLC, for Labor Consulting Services

Recommended Action/Motion: Approve Amendment to Board of Supervisors Agreement No. 10-011 with Nickolaus and Haeg, LLC, for Labor Consulting Services.

SHERIFF

(s)         Approval of Appropriation of $75,950 in Unanticipated Grant Revenue, for the Purchase and Installation of Three (3) Tsunami Warning Sirens

Recommended Action/Motion: Approve appropriation of $75,950 in unanticipated grant revenue, for the purchase and installation of three (3) tsunami warning sirens.

TRANSPORTATION

(t)          Adoption of Resolution Approving Department of Transportation Agreement No. 110102, Professional Services Agreement with Drake Haglan and Associates, for the Replacement of the Davis Creek Bridge on East Hill Road (Willits Area)

Recommended Action/Motion: By Resolution, approve DOT Agreement No. 110102, authorize Board Chair to execute the Agreement, and authorize the Director of Transportation or his designated representative to sign any and all amendments to the agreement that will not result in an increased cost beyond the amount specified.

(u)        Adoption of Resolution Approving Department of Transportation Agreement No. 110103, Professional Services Agreement with Drake Haglan and Associates, for the Replacement of the Forsythe Creek Bridge on Reeves Canyon Road (Redwood Valley Area)

Recommended Action/Motion: By Resolution, approve DOT Agreement No. 110103, authorize Board Chair to execute the Agreement, and authorize the Director of Transportation or his designated representative to sign any and all amendments to the agreement that will not result in an increased cost beyond the amount specified.

(v)        Adoption of Resolution Approving Parcel Map for Minor Subdivision No. MS 4-2010 (Bray), Creating Two (2) Parcels Lying on Each Side of Canyon Drive (Private Road), Approximately 0.1 Mile North of Its Intersection with Turner Road, CR 414F (Fort Bragg Area)

Recommended Action/Motion: By Resolution, approve the Parcel Map for Minor Subdivision No. MS 4-2010, authorize the Clerk of the Board to sign said Parcel Map authorizing its filing, and specifically rejecting Parcel A and Parcel B of the Owner's Statement until such time as said offer for roadway and public utility easements is accepted by Resolution of the Board of Supervisors. Direct the Clerk of the Board to deliver the Parcel Map to the Recorder for processing and recording.

TREASURER-TAX COLLECTOR

(w)       Approval of Mendocino County Investment Pool Policy

Recommended Action/Motion: Approve the Mendocino County Investment Pool Policy as submitted.

Additional Meeting Information

 

 

 

 

 

 

 

 

 

 

Additional Meeting Information for Interested Parties

·         The Board of Supervisors complies with ADA requirements and upon request, will attempt to reasonably accommodate individuals with disabilities by making meeting material available in appropriate alternative formats (pursuant to Government Code Section 54953.2). Anyone requiring reasonable accommodation to participate in the meeting should contact the Executive Office by calling (707) 463-4441 at least five days prior to the meeting

·         If you wish to address the Board on any matter on the agenda, please review and complete the public comment/speaker form available at the back of the Board Chambers. If you wish to submit documentation, please provide 10 copies to Executive Office staff, located in the Administration Center, Room 1010

·         A copy of the Agenda Packet is available for public review in the Executive Office, Room 1010. Proposed actions and supporting documents are considered draft until acted upon by the Board

·         Additional information on specific agenda items may be obtained by contacting the sponsoring departments. Contact information for County departments may be obtained at www.co.mendocino.ca.us/departments.htm

·         Board proceedings are broadcast on the local Public Access Channel to accommodate greater public access; tune in at the corresponding Open Session time as posted on the front page of the Agenda

·         LIVE WEB STREAMING OF BOARD MEETINGS: www.mendocinoaccess.org. For technical assistance, please contact Mendocino Access Television at (707) 357-0624

·         Please reference the departmental website to obtain additional resource information for the Board of Supervisors: www.co.mendocino.ca.us/bos

 

Thank you for your interest in the proceedings of the Mendocino County Board of Supervisors